Breakdown of Included Charges: Tenant Rights in Spain
If you are a tenant in Spain and notice that your lease or receipts do not show a clear breakdown of included charges, it is normal to feel confused. Knowing your rights as a tenant and the practical steps to make a claim can prevent improper charges and conflicts with the landlord. This guide explains in plain language what a breakdown of charges means and which items are usually included (community fees, IBI, garbage, water, electricity and gas). It also details what documents to gather, how to request information in writing, the deadlines to consider and when to file a complaint with consumer services or the court. Follow these steps to defend your rights and claim what is due.
What the breakdown of charges means
The breakdown of charges is the clear list of costs that the landlord attributes to the tenant within the rent or as additional concepts: community fee, prorated IBI, garbage service or utility consumptions. Not all these amounts can always be passed on to the tenant; it depends on the contract and applicable law. If there is no detail, request clarification in writing and keep a copy of the communication.
What to do step by step
Act in an orderly manner: document, request information and complain in writing before accepting charges. Below are practical steps to proceed with confidence.
- Review the lease and receipts to identify which expenses are being applied and whether there are clauses about utilities.
- Gather evidence: invoices, community contracts, emails and photos of meters or readings.
- Send a written request to the landlord asking for a detailed breakdown and a deadline to respond; keep the proof of sending.
- Respect and note deadlines: allow a reasonable time for response (for example, 15 days) and act if you receive no reply.
- If there is no solution, consider filing a complaint with consumer services, the homeowners association or going to the Court of First Instance depending on the case.[2]
How to draft the complaint
A written complaint should be clear: identify the lease, detail the disputed amounts, request the specific breakdown and ask for a response within a set deadline. State that you will keep the complaint record and that if there is no response or the answer is unsatisfactory, you will reserve administrative or legal actions.
Deadlines and legal options
If the discrepancy is not resolved, you can file an extrajudicial complaint (consumer services) or a civil claim. The Urban Leases Act and the Civil Code are references to know which expenses are chargeable.[1] In eviction or larger disputes, ordinary or summary procedures may apply depending on the amount.
Frequently Asked Questions
- Can the landlord charge the community fee if it is not in the lease?
- Not always; it will depend on what was agreed and the origin of the expense. If it is not clear, demand the breakdown and documentary justification.
- What to do if I am charged the IBI without explanation?
- Request the invoice and the proration calculation; if they do not justify it, complain in writing and seek advice.
- How long should I wait for a response?
- A reasonable deadline is usually 7 to 15 days; if you do not receive a reply, move to the next step of the claim.
How-To
- Review the lease and mark clauses related to expenses and utilities.
- Gather invoices, receipts and any proof of payment or improper charge.
- Send a written complaint requesting the breakdown and set a deadline for the response.
- If unresolved, file a complaint with consumer services or a claim in court depending on the amount and nature of the dispute.
Key takeaways
- Document everything to facilitate claims and prove your position in a dispute.
- Always request information in writing and keep proof of delivery.
- If you doubt the legality of a charge, consult official resources or legal assistance.
Help and Support
- BOE - Consolidated text of the Urban Leases Act
- Ministry of Justice - Procedural information and forms
- Poder Judicial - Information on courts and procedures
